In September 2025, the High Court held the Road Accident Fund (RAF) 100% liable for damages arising from a collision involving a 13-year-old boy pedestrian. The court rejected the RAF’s attempt to apportion the blame on the basis of the child’s contributory negligence and ordered punitive costs for the RAF’s untenable stance. The judgment illustrates
This blog is co-authored by Eric Geldenhuys, candidate attorney.
Several aviation industry bodies (Industry Bodies) sought to halt the implementation of current South African Civil Aviation Technical Standards 2 of 2025 (SA‑CATS 2/2025) and to reinstate the 12‑year calendar engine overhaul recommendation per Aeronautical Information Circular 18.19 (AIC 18.19). In October 2025 the court declined
1 In the English court decision of Stournaras Stylianos Monoprosopi EPE v Maersk A/S the court clarified the scope of carrier obligations under the Hague Rules, the role of Verified Gross Mass (VGM) data, and the risks of container fraud. The judgment provides practical guidance for both consignees and carriers in navigating the complexities of
In September 2025, the Supreme Court of Appeal held that On The Road fees added by dealers to the purchase price of vehicles sold by them are part of the transaction between the dealer and the consumer. OTR fees may be included as part of the principal debt under the ensuing credit agreement between the
This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In August 2025, the High Court dismissed a road accident claim against the Road Accident Fund, finding the claimant entirely responsible for a collision on the N12 Highway. The judgment reinforces the principle that drivers must maintain a safe following distance.
The issue revolved around whether
Supreme Court Confirms One-Year Misdelivery Time Bar in FIMBank plc v KCH Shipping Co Ltd
Introduction
The application of the one-year time bar under the Hague and Hague-Visby Rules to claims for delivery, misdelivery, non-delivery, or defective delivery of cargo has long been a source of debate and uncertainty within the shipping and insurance sectors.
Introduction
The Western Cape High Court handed down a novel and potentially far-reaching decision in March 2025 in Ti Ya Toivo Limited and Others v mv “Grey Fox” and Others, that appears to extend the jurisdiction of South Africa’s admiralty courts well beyond the conventional understanding of its limits.
The Court decided that section
The blog is co-authored by Eric Geldenhuys, a candidate attorney.
The South African Civil Aviation Authority (SACAA) has enforced a regulatory change affecting the general aviation sector: the strict application of a 12-year engine overhaul requirement for certain aircraft engines, including those manufactured by Textron Lycoming, Teledyne Continental, Pratt & Whitney and Rotax. The requirement
Judicial intervention in upholding the service delivery of basic services in communities across the country has become prevalent in recent years. Our Constitution allows residents to approach a competent court and enforce their rights under the Constitution in circumstances where those rights have been infringed. Residents are seen to be adopting a more hands-on approach
Introduction and background
Insurable interest continues to evolve under English and South African law and should be front of mind for parties involved in the logistics sector who want to manage their risk. The general approach taken by the courts in both countries is to ask whether the